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Is underage a criterion for cancellation of marriage under Hindu marriage act


Date: 03 Jan 2016   Posted By: Haresh     Group: Family & Life    Category: Marriage   

Hi All,
I am a 24 year old man. I got forcefully married at the age of 17 years, due to some family issues. There are marriage proofs like photos and videos. I want to get separated. Please note that after I got 21 years old, she visited my house several times but we didn't had any relation. Also I suffered from a major TB disease due to hectic work life and family issues.

My question is, am I eligible to cancel this marriage due to my underage criteria?


Want to know whether marriage below 18 years is a criterion for cancelling the marriage according to Hindu marriage act? You can get the expert guidance here.


Author: [Anonymous]    04 Jan 2016      Member Level: Diamond     Points : 3  (Rs 3)    Voting Score: 0

Is it like you got married at the age of 17 and living separately?
Do you have marriage certificate for the same?
Did you registered your marriage?
What is the reason for not going ahead with this relationship?
Answers to above mentioned questions will help me more to give better solutions.
Although you got married at the age of 17 but you were in situation to understand the things and why you could not oppose it that time only?
That would have saved your wife's life also.

I have not heard about marriage cancellation but yes, you can go for divorce. This will require documentation proofs including marriage certificate and a valid reason for getting separated.
You can consult a lawyer for the same.


Author: Kalyani    07 Jan 2016      Member Level: Diamond     Points : 3  (Rs 3)    Voting Score: 0

Is it because of your major health problem (TB), you want to take divorce? If that is the case, better to consult your elders / parents, your wife and her parents i.e your in-laws before taking such a drastic decision.

If you and your wife have a good relationship and if the two families have good relations, then better to open up with them and have a detailed discussion with them and your wife on this. As your parents are your well-wishers and they know what to do for the betterment of your family life.



Author: Haresh    08 Jan 2016      Member Level: Bronze     Points : 0    Voting Score: 0

Hi,

Thanks for your valuable advise. We lived separately after marriage for around 3-4 years due to my education and in that period I got affected and fall in serious love with another girl. Then there was a family pressure and my wife came to my house and things gone substantially wrong at that time. We never had physical relationship, as I was completely loyal to my girlfriend whom I wanted to marry but I couldn't speak due to the so called sanskaaar from our Indian Society. Now actually I am fed up with this dual situation and cant continue it.

We do not have any marriage certificate.
I did not registered marriage.

Please advise. Thanks.


Author: Saroja    22 Jan 2016      Member Level: Diamond     Points : 4  (Rs 4)    Voting Score: 0

Hi Haresh

If you want your current life to break(what ever may be the reason whether you want to get married to another girl or current girl friend) you can apply to court of law and in your case it is called null and void and not divorce. But it is essential for any marriage done as per Hindu law whether it is registered or not.

It will takes it own course of time as per the family court procedures and it is better to apply in initial stages itself as nowadays nobody expects any advice from any elders in this matter and even advocate only doing their own profession and hence you can approach any lawyer to proceed as per law to get null and void. For this case too, both of you should spend time in court to process the proceeding of the case and get final judgement.

All the best for both of you(rather three of you).

But one thing is there in null and void that it will disqualify you for all the government employment in future. Whether this null and void is due to one's one activity or done as per parent's wish. For this I can refer a case when a girl after got null and void from her early childhood marriage got disqualified after her passing of IAS examination. You can refer this in any of the news portal in web.





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